Nigerian Senate President, Akpabio Appeals Court Ruling Overturning Suspension of Senator Natasha

Nigerian Senate President, Godswill Akpabio, has filed a formal appeal seeking to overturn a recent Federal High Court judgment that ordered the Senate to lift the suspension of Senator Natasha Akpoti-Uduaghan, who represents Kogi Central.

The notice of appeal, dated July 14, 2025, was lodged at the Abuja Division of the Court of Appeal. Akpabio is challenging the July 4 ruling delivered by Justice Binta Nyako, which declared the six-month suspension of Akpoti-Uduaghan as “overreaching” and a violation of her constituents’ right to representation.

While Justice Nyako acknowledged the Senate’s authority to discipline its members, she held that the length and manner of the suspension were disproportionate to the offence. The court further imposed a ₦5 million fine on Akpoti-Uduaghan for contempt of court, citing a satirical Facebook post she made during the trial, which allegedly breached a prior restraining order.

In response, Senator Akpoti-Uduaghan has also filed an appeal, challenging the contempt ruling on grounds of jurisdiction. Her legal team argues that the trial court lacked the power to sanction conduct that occurred ex facie curiae—outside the courtroom.

Akpabio’s legal team, in a cross-appeal, disputes the Federal High Court’s jurisdiction to hear the matter in the first place. They argue that the issue pertains to internal parliamentary proceedings, which, under Section 251 of the 1999 Constitution and the Legislative Houses (Powers and Privileges) Act, are shielded from judicial review.

In his 11-ground appeal, Akpabio faulted the trial court for dismissing his preliminary objections and for issuing rulings that he claims encroach on the constitutional autonomy of the legislature. He contends that matters such as member suspensions, utterances during plenary, and Senate resolutions fall strictly within the legislative domain.

Akpabio also argued that Akpoti-Uduaghan failed to exhaust internal Senate mechanisms—specifically, recourse to the Committee on Ethics, Privileges, and Public Petitions—before approaching the court. According to him, this violated the Senate Standing Orders (2023, as amended).

Furthermore, the Senate President accused the trial judge of breaching his right to a fair hearing by ruling on issues not raised by either party, such as the excessive duration of the suspension. He also criticised the court for merging interlocutory applications with substantive reliefs, claiming this contravened standard legal procedures.

The appeal also noted a procedural flaw, asserting that Akpoti-Uduaghan did not serve the required three-month pre-action notice to the Clerk of the National Assembly, as stipulated in Section 21 of the Legislative Houses Act.

Akpabio is urging the appellate court to set aside the high court’s ruling and uphold the Senate’s disciplinary action, maintaining that the judiciary must not interfere with constitutionally protected legislative processes.

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